[Federal Register: September 28, 2006 (Volume 71, Number 188)]
[Rules and Regulations]
[Page 57362-57363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se06-24]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 12, 14, and 15
[FAC 2005-13; FAR Case 2005-025; Item III; Docket 2006-0020, Sequence
4]
RIN 9000-AK56
Federal Acquisition Regulation; FAR Case 2005-025, Online
Representations and Certifications Application (ORCA) Archiving
Capability
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to address the
record retention policy where the Online Representations and
Certifications Application (ORCA) is used to submit an offeror's
representations and certification.
DATES: Effective Date: September 28, 2006.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before November 27, 2006 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-13, FAR case 2005-
025, by any of the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Search for this document at the ``Federal Acquisition Regulation''
agency and review the ``Document Title'' column; click on the Document
ID number. Click on ``Add Comments''.
You may also search for any document using the ``Advanced search/
document search'' tab, selecting from the agency field ``Federal
Acquisition Regulation'', and typing the FAR case number in the keyword
field.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and citeFAC 2005-13, FAR
case 2005-025, in all correspondence related to this case. All comments
received will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. The TTY
Federal Relay Number for further information is 1-800-877-8973. Please
cite FAC 2005-13, FAR case 2005-025. For information pertaining to
status or publication schedules, contact the FAR Secretariat at (202)
501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
Under FAR Subpart 4.12 prospective contractors are required to
submit Annual Representations and Certifications via the Online
Representations and Certifications Application (ORCA), a part of the
Business Partner Network. Using ORCA eliminates the administrative
burden for contractors of submitting the same information to various
contracting offices, and establishes a common source for this
information to procurement offices throughout the Government.
FAR 4.803(a)(11) requires contracting officers to include
contractor representations and certifications in the contract file.
Given ORCA's capability to archive a contractor's representations and
certifications by date, contracting officers no longer need to file a
paper copy of a contractor's representations and certifications in the
contracting office contract files, but should incorporate archived ORCA
records by reference, along with any changes submitted in the FAR
provisions at 52.204-8 or 52.212-3, in the contract file to satisfy the
contract file documentation requirements.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The interim rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act,5 U.S.C. 601, et seq., because
management of the contract file is not accomplished by the vendor
community, only by government contracting entities. Therefore, an
Initial Regulatory Flexibility Analysis has not been performed. The
Councils will consider comments from small entities concerning the
affected FAR Parts 4, 12, 14, and 15 in accordance with 5 U.S.C. 610.
Interested parties must submit such comments separately and should cite
5 U.S.C 601, et seq. (FAC 2005-13, FAR case 2005-025), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the rule addresses policy regarding the filing of
proper documentation in the contract file by the contracting officer,
which is internal to the Government, and not accomplished by the vendor
community. However, pursuant to Public Law 98-577 and FAR 1.501, the
Councils will consider public comments received in response to this
interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 4, 12, 14, and 15
Government procurement.
[[Page 57363]]
Dated: September 19, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 12, 14, and 15 as
set forth below:
0
1. The authority citation for 48 CFR parts 4, 12, 14, and 15 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
0
2. Amend section 4.803 by revising paragraph (a)(11) to read as
follows:
4.803 Contents of contract files.
* * * * *
(a) * * *
(11) Contractor's representations and certifications (see
4.1201(c)).
* * * * *
0
3. Amend section 4.1201 by adding paragraph (c) to read as follows:
4.1201 Policy.
* * * * *
(c) Data in ORCA is archived and is electronically retrievable.
Therefore, when a prospective contractor has completed representations
and certifications electronically via ORCA, the contracting officer may
reference the date of ORCA verification in the associated Government
contract file, rather than including a paper copy of the
electronically-submitted representations and certifications in the
file. Such a reference satisfies contract file documentation
requirements of 4.803(a)(11). However, if an offeror identifies changes
to ORCA data pursuant to the FAR provisions at 52.204-8(c) or 52.212-
3(k), the contracting officer must include a copy of the changes in the
contract file.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
0
4. Amend section 12.301 by revising the first sentence of paragraph
(b)(2) to read as follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(b)(2) * * * This provision provides a single, consolidated list of
representations and certifications for the acquisition of commercial
items and is attached to the solicitation for offerors to complete. * *
*
* * * * *
PART 14--SEALED BIDDING
0
5. Amend section 14.201-1 by adding to paragraph (c) a parenthetical
following the third sentence to read as follows:
14.201-1 Uniform contract format.
* * * * *
(c) * * * (See 4.1201(c).) * * *
* * * * *
PART 15--CONTRACTING BY NEGOTIATION
0
6. Amend section 15.102 by revising the second sentence of paragraph
(b) to read as follows:
15.102 Oral presentations.
* * * * *
(b) * * * However, representations and certifications shall be
submitted as required in the FAR provisions at 52.204-8(c) or 52.212-
3(k), and a signed offer sheet (including any exceptions to the
Government's terms and conditions) shall be submitted in writing.
* * * * *
0
7. Amend section 15.204-1 by adding to paragraph (b) a parenthetical
following the second sentence to read as follows:
15.204-1 Uniform contract format.
* * * * *
(b) * * * (See 4.1201(c).) * * *
* * * * *
[FR Doc. 06-8203 Filed 9-27-06; 8:45 am]
BILLING CODE 6820-EP-S